Law:

Section:

Section 139, read with section 144B, of the Income-tax Act, 1961 - Return of income - General - Assessment year 1977-78 - Whether return filed can not be revised merely by filing a letter and that a return filed under section 139(4) cannot be revised - Held, yes - Assessee filed his return belatedly under section 139(4) on 27-2-1979 - Before completion of assessment, assessee vide letter 12-11-1979 sought to claim further deduction under sections 35B and 80J and as against declared income in the return, it claimed loss - Assessing Officer held that since amount of variation proposed to be made in returned income was exceeding Rs. 1 lakh, provisions of section 144B were applicable - Accordingly, draft of proposed assessment order was sent to assessee - Objections received to proposed assessment order on 2-4-1980 were forwarded to IAC who issued necessary order on 26-8-1980 - Whether since cognizance of letter dated 12-11-1979 taken by Assessing Officer to treat return filed under section 139(4) as revised was contrary to provisions of law, it could be said that extended period of limitation, as provided for under section 153 was not available to revenue - Held, yes - Whether, therefore assessment made under section 144B was liable to be annulled - Held, yes CASES REFERRED TO Kumar Jagdish Chandra Sinha v. CIT [1996] 220 ITR 67/ 86 Taxman 122 (SC) [Para 5], Goetze (India) Ltd. v. CIT [2006]284 ITR 323/ 157 Taxman 1 (SC) [Para 5] and CWT v. Mahnga Singh [WTR Nos. 64-70 of 1992, dated 7-12-2006] [Para 6]. Sanjay Bansal for the Petitioner. S.K. Garg Narwana for the Respondent. JUDGMENT Rajesh Bindal, J. - The following questions of law have been referred for opinion of this Court, arising out of order passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short, 'the Tribunal'), in I.T.A. No . 862/Chandi./84 dated 21-8-1987 in respect of assessment year 1977-78:- "1. Whether on the facts and circumstances of the case, the letter dated 12-11-1979 claiming further relief under sections 35B and 80J could not be considered to be a revised return for the purpose of justifying the ITO's proceeding under section 144B ? 2. Whether on the facts and…

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